Missing I-751 receipt notice - What to say when Tier 2 calls?

[DangerKitty 1]

Wow, I am SO happy to have found this community! Have been feeling very alone and in the dark. Nice to meet you all.

 

The question: I finally got a service item created for a Tier 2 immigration officer to call or email me. What magic words should I be saying in order to ensure I am appropriately phrasing my request for a duplicate copy of the receipt notice (other than "please", hah)? For example, I've read on these forums that there are three notices: one with the two-year extension, one with an Online Access Code, and I guess just a generic overall notice? Should I make sure to request all three? It's a situation where I don't know what I don't know, and I really don't want to squander my one shot at talking to someone who might be able to help.

 

The messy details:

 

My two-year GC expired June 16, 2024. I was ready to go with my package back in Feb, before my window opened mid-March, and then my baby daughter decided to arrive early in March! After we went through an ordeal to get her birth certificate, I finally filed my I-751 on March 29, still well within the window. I received a text on April 11 with receipt number stating that an official receipt notice would follow in the mail, plus they charged my credit card. Well, it is now 3 months later and no receipt notice has arrived. I've done the calls multiple times, the chats multiple times, submitted two eRequests, got a response on June 11 from National Benefits Center stating that they couldn't issue me a copy because the receipt notice is handled by the lockbox, emailed Lockbox and received only the auto-reply stating that they will not respond because the receipt notices are handled by NBC. Getting the good, ol' fashioned runaround!

 

I am able to see through my online USCIS account that there are no copies of USCIS notices, even though the NBC response states that every notice is available online. I do see that part of my packet has been scanned into the file under "Your Uploads" by USCIS. Oddly, although I received text notification on April 11, my online account says the receipt notice was sent on April 1. USPS tracking shows that my package only arrived on April 1. So my theory is that they backdated the receipt notice date to game their internal metrics and KPIs to make it look like they're processing more expeditiously than they actually are.

 

I obtained an ADIT/I-551 stamp on an I-94 to tide me over for work authorization evidence purposes. I was absorbed in getting work authorization during the call with an immigration officer about the ADIT and I foolishly didn't press the missing notice with the officer, but I did mention it and was told to email the Lockbox. So I'm a little worried that my upcoming Tier 2 call might be similarly unhelpful. Sigh.

 

I have an immigration attorney with whom I'm meeting on Monday. In preliminary discussion she mentioned possibly going through the Ombudsman. I have documentation of all my interactions, so I may be pursuing that option if Tier 2 fails. She also advised me that not having my I-751 receipt notice will prevent me from filing my N-400 to become a naturalized citizen.

 

I'm at the point where I question whether USCIS ever really sent the notice! Any tips or advice for my upcoming Tier 2 call or for the process overall would be much appreciated.

Edited July 3 by DangerKitty

[A110 96]

Sorry too long and kinda messy details. My Advice:

1. Simply ask for the notice provided that you are eligible to receive it. The way you framed your situation seems rather incohesive and hard to follow and if the officer is having a bad day they may just hang up or something. Just tell them you did not get the notice (assuming this is the case)
2. Your lawyer would have a copy if you have one.

[OldUser 6,636]

1. Did you move after filing I-751?

2. If moved, did you file AR-11?

3. Have you tried requesting missing notice here? https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

 

 

[OldUser 6,636]

1 hour ago, DangerKitty said:

I obtained an ADIT/I-551 stamp on an I-94 to tide me over for work authorization evidence purposes.

You don't need GC or ADIT stamp for evidence of work authorization. If fact, as LPR you don't require DHS work  authorization. As long as you have an unrestricted Social Security card (no wording such as "Valid for work only with DHS authorization")  and valid state ID or DL, that's all you need to show employer for I-9 verification. These documents are List B and List C documents that you can choose to show to prove you can work legally. Employer cannot demand to see GC / stamp / extension letters by law.

 

If you don't have unrestricted social security card, then:

1) Download SS-5 form online

2) Complete the form

3) Go to SSA office

4) Ask for social card replacement and give them the completed SS-5 form

5) You will receive unrestricted SS card in the mail within few weeks

 

Why show unrestricted SS card + DL / ID?

 

- Some HRs are used to seeing American workers using this method for I-9 verification. It's standard. Rarely somebody uses passport, birth certificate for I-9.

- Some HRs get worried and don't know what to do about conditional green card. They worry you won't be able to legally work when conditional GC / extension letter / stamp expires, which is not true.

Edited July 3 by OldUser

[OldUser 6,636]

1 hour ago, DangerKitty said:

She also advised me that not having my I-751 receipt notice will prevent me from filing my N-400 to become a naturalized citizen.

This is partially true.

If you never receive the first notice, but then get approval notice for I-751 in the mail... Then you can apply for N-400 with copy of approved I-751. But of course, if you don't have a notice for I-751, and you apply when it's pending, it can be problematic if USCIS asks for it.

But again, if you missed I-751 notice and letter containing code for your account, then you might as well miss any other upcoming notices (biometrics, RFE, interview or approval).

[OldUser 6,636]

Another important point.

When you hired the lawyer (if they're a real lawyer), they should have filed form G-28.

 

On that form there are three check boxes:

- Where to send notices (you or lawyer)

- Where to send cards (you or lawyer)

- Where to send I-94

 

If boxes 1a and 1b checked, then all your notices should have been sent to attorney's address and you should demand to see them and inquire about them from lawyer.

 

[DangerKitty 1]

@OldUser  Thanks so much for your replies.  They're very helpful.

 

I have not moved since filing, and I submitted an e-Request for Non-delivery of Notice twice.  The first time, the confirmation page indicated I would have a response by June 4.  June 4 came and went with no response, so I tried again on June 19, giving plenty of buffer time.  The response page the second time indicated that the system had located a previously submitted inquiry.  Seemed like a dead end, but I do have the service item # from the first request and the confirmation # (a different number) from the second attempt that I can provide the Tier 2 IO when they call, if it would be helpful.

 

Thank you, I had no idea I could apply for a social security card that doesn't have the DHS work authorization restriction.  I looked up the SS-5 form, and noted the following language on page 3 under Evidence of Immigration Status:  "You must provide a current unexpired document issued to you by the Department of Homeland Security (DHS) showing your immigration status, such as Form I-551, I-94 or I-766"  (Here)  Does this mean that my I-551/ADIT is needed as part of my application, since my GC expired 06/16/2024?

 

I engaged this lawyer initially to just review my application and provide feedback before I filed, not as my representative.  She didn't file on my behalf.  I reached out to her again subsequently, when I started experiencing issues with my notice of receipt.  So no G-28, and no copy of notices went to her offices, unfortunately.  Given my experience with the I-751 I think I will engage her in a full service capacity for my N-400.  I'm kicking myself for going the cheaper route this time.  I had always engaged a lawyer to represent me and file on my behalf previously when I was under TN status, and during my initial GC application.  The I-751 ROC is the only time I've tried to DIY it, as it seemed so straightforward and the lawyer actually recommended it due to the straightforward nature of the work.  Lesson learned!

 

 

[DangerKitty 1]

36 minutes ago, OldUser said:

But again, if you missed I-751 notice and letter containing code for your account, then you might as well miss any other upcoming notices (biometrics, RFE, interview or approval).

 

If they requested biometrics, RFE or interview, or issued approval, my online case status would be updated to reflect that, right?  As of now, the online case status is just Case Was Received and A Receipt Notice Was Sent.

[DangerKitty 1]

1 hour ago, A110 said:

1. Simply ask for the notice provided that you are eligible to receive it. The way you framed your situation seems rather incohesive and hard to follow and if the officer is having a bad day they may just hang up or something. Just tell them you did not get the notice (assuming this is the case)

Well now I'm nervous about getting hung-up on, after finally making it through lots of unproductive Emma chats and call center calls!  I'll try to keep it short and sweet.

[powerpuff 6,697]

Does your case number start with IOE?

[DangerKitty 1]

1 minute ago, powerpuff said:

Does your case number start with IOE?

Yes, it does. What does that indicate?

[powerpuff 6,697]

Just now, DangerKitty said:

Yes, it does. What does that indicate?

Only IOE cases receive an online access code. You might be able to chat with Emma and request a live agent. You would ask them to give you the online access code as you haven’t received one. I’ve read some posts where this was successful. This way you will be able to see USCIS notices.

[DangerKitty 1]

Just now, powerpuff said:

Only IOE cases receive an online access code. You might be able to chat with Emma and request a live agent. You would ask them to give you the online access code as you haven’t received one. I’ve read some posts where this was successful. This way you will be able to see USCIS notices.

Silly question: I can already log in online to see my case status for this current case as well as my historical, closed cases. So why would I need an OAC?

 

In my online USCIS account, under my I-751 case, there is a section for USCIS notices but it is blank with no files uploaded. My online account also has my historical, now-closed cases with notices scanned in. The email I got from National Benefits Center in response to my request for a duplicate copy of my I-751 receipt notice indicated that all notices are available online, which clearly isn't the case this time around for me.

[powerpuff 6,697]

5 minutes ago, DangerKitty said:

So why would I need an OAC?

To see notices? You can’t view them without the access code.

there’s a process to add a case with an access code. In the profile, you would click “Add a paper based case” which prompts one to input the code. 

[OldUser 6,636]

22 minutes ago, DangerKitty said:

 

If they requested biometrics, RFE or interview, or issued approval, my online case status would be updated to reflect that, right?  As of now, the online case status is just Case Was Received and A Receipt Notice Was Sent.

Online status often lags behind real status of your application. Some people get denied, but online status shows "Case was received" or other status.

I don't believe online status is legally binding. But whatever USCIS sends in the mail is official.